CR.   lij-rig 


Duke  University  Libraries 
The  Militia  law 
Conf  Pam  #506 


E  FLOWERS  COLLECTION 


THE 

MILITIA  LAW  OF  NORTH-CARiHJ\\. 

PASSED   AT  THE 

SECO]S[D    EXTRA  SES;<^Tnv 

OF   THE 

GENERAL    ASSEMBLY, 

1861. 

Skc,  1.  He  it  enacted  by  the  General  ^Assembly  of  iiir 
State  of  North  Carolina^  and  it  is  he^shy  enacted  by  the 
onthority  of  the  same,  That  the  militia  organization  of  fhf 
f^tate  shall  be  as  follows:  One  Adjutant  and  InKi)ector 
(xeneral,  with  the  rank  of  Major-General,  who  sliall  bo 
<icneral-in -Chief  of  all  the  forces  of  the  State  of  Nortli 
<  '^rolina  ;  such  Brigadier-Generals  as  may  be  necessary  t.) 
«i>niniaud  brigades  of  not  less  than  two  nor  more  than  six 
regiments,  the  regiments  now  established  by  law,  ami 
until  otherwise,  ordered  the  following  shall  be  the  es- 
tablished brigades  and  regiments,  viz: 


*  RT(  3  A  DEs . '      Counties  . 

to   ^• 

How  distinguished' in  coun- 
ties where  more  than    on. 

Regiment. 

f  ICurrituck. 

1 

Ist-i 

Camden, 
Perquimans. 
Pasquotank . 
Chowan, 

2 
3 
4 
5 

2nd  1 

Hertford, 

6 

Gates, 

1 

1 

Bertie, 

8 

9 

10 

> 

Martin, 

3rd- 

Washington, 

11 

Tyrrell, 
Hyde, 

12 

13 

§  ^  How     distinguished 

in 

Bfjgade.3. 

Counties. 

o  w 

counties  where  more  th 
one  Regiment. 

an 

r 

Beaufort, 

14 

4th  ^ 

[ 

Craven , 

15 

North. 

C( 

16 

South. 

Pitt, 

11 

5tli-{ 

Carteret, 

18 

Jones, 
Lenoir, 

19 
20 

Onslow, 

21 

New  Hanover, 

22 

East  of  N.  Ea.st  River. 

(C 

23 

West  of"       "       " 

6th  ^ 

Sampson, 

24 

East  of  Big  Coharie. 

(( 

25 

West  of''         '' 

> 

Duplin, 

26 

Vth^ 

Wayne, 
Greene, 

27 
28 
29 

Upper. 
Lower. 

s 

Edgecombe, 

30 

Upper. 

8th  ^ 

i( 

31 

Lower. 

Nash, 

32 

Wilson , 

33 

' 

Halifax, 

34 

Upper. 

1 

a 

35 

Lower. 

9th  ^ 

1 

Northampton, 

36 

Warren, 

37 

Wake, 

38 

East  of  Raleigh. 

(( 

39 

West  " 

10th  ^ 

Franklin, 
Johnston, 

40 
41 

» 

Granville, 

42 

North. 

iC 

43 

South. 

11th. 

Pepson , 

44 

Orange, 

45 

Hillsboro', 

46 

Hawlields. 

12th 

Caswell , 

47 

Alamance, 

48 

" 

Chatham, 

49 

Lower. 

ii 

50 

Upper. 

O    H 

iHow     distinsruisliod 

in 

Brigades. 

Counties. 

^  9  counties  where  more  tl 

an 

i 

^25  ;^  one  Regiment. 

Moore, 

Harnett, 

Cumberland, 

51 

13th  ^ 

52 
53 

Lower. 

' 

Bladen, 

54 
55 

Upper, 

14th  ^ 

Brunswick, 
Columbus, 

5G 
57 

Robeson, 

58 

Lower. 

a 

<( 

59 

Upper. 

15th- 

Richmond, 

60 
61 

Lower^ 
Upper. 

Montgomery, 

62 

^ 

Randolph, 

63 

West. 

16th- 

Davidson, 

64 
65 

East. 
Lower. 

(I 

66 

Upper. 

Guilford, 
t  > 

67 
68 

West. 
East. 

17th- 

Rockingham, 

69 

Lower. 

a 

70 

Upper. 

Forsythe, 

71 

' 

Stokes, 

72 

18th- 

Surry, 
Yadkin, 

73 

74 
75 

North. 
South. 

? 

Rowan, 

76 

19th. 

iDavie, 
Iredell, 

77 
78 

North  ofS.  Yadkin. 

li 

79 

South  "     "         '< 

a 

Anson, 

80 

Lower. 

20th- 

Union, 

81  East. 

Cl 

82,West. 

Stanly, 

83; 

» 

Cabarrus, 

84! 

21 8t- 

Mecklenburg, 

85  North. 

i( 

86  South. 

>. 

Gaston , 

87 

O   H 

How    distinguished 

in 

Brigades.        Counties. 

•  li 

counties  where  more 

than 

o  w 

one  Regiment. 

( 

Lincoln, 

88 

22nd  ^ 

Catawba, 

89 

Cleaveland, 

90|Upper. 

I 

u 

91 

Lower. 

> 

Wilkes, 

92 

Lower. 

23rd  ^ 

Alexander, 

93 
94 

Upper. 

Caldwell,' 

95 

Alleghany, 

96 

24th  < 

Ashe, 

Watauga, 

Mitchell, 

97 
98 
99 

' 

Burke, 

100 

North. 

25th  ^ 

a 

101 

South. 

McDowell, 

102 

I 

r 

Rutherford, 

103 

North. 

C( 

104 

South . 

2Gth^ 
1 
I 

Polk, 

Henderson, 

Transylvania, 

105 
106 
107 

' 

Buncombe, 

108 

North. 

27th  ^ 

Madison, 

109 

110 

South 

Yancey, 

111 

'  Haywood, 
Jackson, 

112 
113 

28th ' 

Macon, 

jOherokee, 

114 
115 

'^ 

.'Clay, 

116 

Sec.  2.  Each  regiment  of  Artillery,  Infantry,  Rifle- 
men, or  Cavalry  shall  consist  of  one  colonel  ;  one  lieu- 
tenant-colonel ;  one  major  ;  three  surgeons,  with  the 
assimilated  rank,  one  of  major,  one  of  captain,  and  one 
of  first  lieutenant ;  one  adjutant;  one  assistant  commis- 
sary and  one  assistant  quartermaster,  who  shall  also  be 
thepavmaster,  each  with  the  rank  of  first  lieutenant ;  an<l 


[une]  chaplain,  with  the  assimilated  rank  of  captain  ;  one 
sergeant-major ;  one  commissary's  sergeant ;  one  quarter- 
master's sergeant;  and  one  chief  musician — (all  after 
the  major  to  be  appointed  by  the  colonel),  and  ten  com- 
jianies.  Each  company  shall  consist  of  one  captain,  one 
first  lieutenant,  two  second  lieutenants,  five  sergeants, 
four  corporals,  two  musicians,  (and  in  horse  companies, 
one  farrier  and  one  blacksmith,)  and  from  sixty  to  one 
hundred  privates,  (non-commissioned  officers,  musicians, 
farriers  and  blacksmiths  to  be  ai)pointed  by  the  captain.) 
Sec.  3.  All  free  white  men  and  whjte  apprentices,  resi- 
dents of  this  State,  except  ministers  of  the  Gospel  of 
every  denomination  that  are  properly  ordained,  or  have 
tlie  cure  of  souls,  and  the  superintendent,  assistant  phy- 
sician and  necessary  attendants  of  the  Insane  Asylum, 
of  North  Carolina,  who  shall  be  of  the  age  of  eighteen 
and  u;.der  fifty  years,  shall  as  soon  as  practicable,  be 
severally  and  respectively  enrolled  in  the  militia  of  this 
State  by  the  captain  or  commanding  officer  of  the  infan- 
try company  within  the  bounds  of  whose  district,  (to  be 
allotted  to  him  as  hereinafter  directed,)  such  person  shall 
reside  ;  and  it  shall  at  all  times  be  the  duty  of  eveiy  cap- 
tain,* or  commanding  officer  of  any  company,  to  enrol 
every  such  person,  except  as  hereinbefore  or  hereinafter 
excepted,  and  also  those  between  the  ages  aforesaid  and 
not  exempt  by  law,  who  may,  from  time  to  tin  e,  come  to 
reside  within  the  bounds  of  his  district,  and  re'nain 
therein  thirty  days,  and  lie  shall  without  delay  notify 
such  person  of  the  enrolment,  by  a  proper  non-commis- 
sioned officer  of  the  c6mpany,  by  whom  the  notice  may 
be  proved.  And  in  case  there  shall  be  no  captain  oi- 
commanding  officer  in  any  district,  the  Adjutant-General 
shall  appoint  an  enrolling  officer  for  such  district,  whose 
duty  it  shall  be  to  make  a  note  of  the  free  white  persons 
and  white  apprentices  in  said  district,  between  the  ages 
of  eighteen  and  fifty  years,  and  he  shall  within  ten  dayj» 


after  said  enrolment,  order  an  election,  and  notify  all 
persons  to  attend  said  election,  who  are  required  to  do 
militia  duty  ;  the  said  enrolling  officer  is  further  requir- 
ed to  open  the  polls  and  superintend  the  election  for  com- 
pany officers,  and  transmit  to  the  Adjutant  General  a 
fair  statement  thereof,  with  a  copy  of  the  vote;  and  it 
shall  be  the  duty  of  the  Adjutant  General  to  compare  the 
statements  made  to  him  by  the  enrolling  officer  aforesaid 
and  make  known  to  the  Governor  the  persons  elected  ; 
and  he  shall  commission  said  persons.  And  any  enrol- 
ling officers,  appointed  as  aforesaid,  who  shall  refuse  to 
act,  or  undertaking  to  act,  shall  fail  to  make  his  returns 
to  the  Adjutant  General  within  thirty  days  from  his  ap- 
pointment, shall  forfeit  and  pay  to  the  State  of  North 
Carolina  one  hundred  dollars,  to  be  recovered  upon  sum- 
mary motion  in  the  Superior  Court  of  law  for  Wake 
County. 

Sec.  4.  The  Vice  President  of  the  Confederate  States, 
the  officers,  judicial  and  executive,  of  the  Confederate 
States,  the  judges  of  the  Supreme  and  Superior  Courts  of 
Law,  the  secretary,  comptroller,  treasurer,  high  sheriffs 
of  the  several  counties;  all  the  necessary  employees  of 
the  different  Railroad  Companies  in  the  State,  and  Tele- 
graph Operators  ;  all  custom  house  officers,  postmas- 
ters, and  stage  drivers  or  mail  carriers,  employed  in 
the  care  and  conveyance  of  the  mail  to  the  post  offices  of 
the  Confederate  States,  all  millers  of  public  mills,  pro- 
vided that  this  exemption  shall  only  extend  as  to  each 
mill  to  one  person  subject  to  do  military  duty,  whose 
occupation  and  daily  employment  it  is  to  attend  and  per- 
form the  duty  of  a  public  miller;  all  branch  pilots,  all 
mariners  actually  employed  in  the  sea  service  of  the  Con- 
federate States,  or  of  any  merchant;  shall  be,  and  they  are 
hereby,  exempted  from  military  duty  :  Provided,  alioays, 
That  nothing  herein  contained  shall  be  so  construed  as  to 
exempt  any  person  from  performing  duty  in  case  of  in- 


vasion  or  insurrection  in  this  State.  Aiid  provided  fur- 
tker,  that  every  practising  physician  shall  be  exempted 
from  any  fine  or  penalty  for  not  attending  to  the  ordinary 
company  and  regimental  drill  upon  making  oath  that  it 
was  necessary  for  him  to  be  absent  upon  professional  duty. 

Sec.  5.  The  members  of  the  several  fire  companies,  so 
long  as  they  shall  continue  members  of  said  companies, 
that  now  nre,  or  may  hereafter  be  establislied  in  this 
State,  shall  be  and  they  are  hereby  declared  exempted 
from  all  military  duty,  except  in  time  of  war,  invasion  or 
insurrection.  It  shall  be  the  duty  of  the  captains  of  all 
fire  companies,  once  a  year,  to  send  a  regular  muster  roll 
to  the  colonel  commandant  of  the  regiment,  by  the  first  of 
November,  in  each  year,  under  the  penalties  now  imposed 
on  the  captains  of  militia  companies  on  failure  of  sending 
a  muster  roll  in  the  limits  of  which  the  company  exists, 
of  all  persons  belonging  to  said  company,  liable  to  do 
n)ilitary  duty,  and  the  colonel  of  the  regiment  shall  in- 
clude them  in  his  regular  annual  returns  to  the  general 
of  the  brigade,  and  adjutant  general.  Persons  having 
scruples  of  conscience  against  bearing  arms,  who  shall 
produce  to  the  captains  of  their  respective  districts  cer- 
tificates, signed  by  the  clerks  of  their  respective  churches, 
that  they  are  regular  members  thereof,  and  shall  make 
oath  or  affirmation,  before  a  justice  of  the  peace,  that  they 
are,  from  religious  scruples,  averse  to  bearing  arms,  and 
shall  also  produce  a  certificate  from  such  justice  of  the 
j)eace,  that  such  oath  or  affirmation  has  been  duly  made, 
shall  not  be  compelled  to  muster  or  perform  military 
duty,  except  in  cases  of  insurrection  or  invasion,  or  pay 
any  tax  for  said  exemption,  but  they  shall  be  subject  to 
taxation  in  time  of  insurrection,  invasion  or  war,  and  also 
to  furnish  their  quota  of  men  or  pay  an  equivalent.  All 
other  persons  liable  to  do  military  duty  shall  be  allowed 
to  furnish  their  quota  of  men,  or  pay  an  equivalent. 

Sec.   0.  The  captains  or   commandants  of  companies 


8 


ehall  enrol  and  keep  enrolled  on  their  muster  rolls,  all 
within  the  limits  of  their  respective  districts,  who  are 
L-xempt  from  performing  militia  duty  by  law,  except  in 
time  of  invasion  or  insurrection,  and  shall  return  the 
number  of  exempts  on  their  annual  muster  rolls  to  the 
commandants  of  regiments,  Avho  shall  make  a  like  return 
of  all  exempts  in  their  respective  regiments  in  their  an- 
nual returns  to  the  brigadier  and  adjutant  generals,  regu- 
lations for  which  annual  reports  are  hereinafter  prescribed. 

Sec.  T.  That  the  tax  list  shall  have  a  column  headed 
military  roll^  to  be  prepared  by  the  comptroller,  and  that 
the  tax  list  takers  shall  annually  include  in  their  lists  the 
names  of  the  persons  in  their  districts  between  the  ages 
of  eighteen  and  fifty  years^  liable  to  be  enrolled  for  mili- 
tary duty  ;  and  it  shall  be  the  duty  of  every  white  per- 
son who  shall  give  in  his  taxables  to  report  himself  on 
oath  for  enlistment,  who  is  liable  for  military  duty  ;  and 
every  white  person  who  shall  return  his  taxes,  shall  also, 
on  oath,  report  every  white  person  residing  in  his  family 
who  shall  be  liable  for  military  duty. 

Sec.  8.  That  the  tax  list  takers  shall  return  the  lists 
to  the  clerks  of  the  county  courts,  and  by  them  the  namey 
of  the  persons  liable  to  military  duty  shall  be  drawn  off, 
the  district  in  which  they  live  specified,  and  a  copy  of 
such  list  shall  be  given  to  the  colonel  of  the  regiment,  and 
also  to  the  captain  of  the  company  in  each  district ;  and 
the  clerks  shall  receive  the  sum  of  five  dollars  for  their 
services,  to  be  paid  by  the  county  treasurer. 

Sec.  9,  It  shall  not  be  lawful  for  any  captain  or  other 
malitia  officer  in  this  State  to  enrol  any  free  persons  of 
color,  except  for  musicians,  and,  in  time  of  actual  service, 
four  to  each  company  as  cooks,  Avho  shall  be  rationed  and 
paid  by  the  State,  and  four  others  as  washers,  to  be  ra- 
tioned by  the  State,  and  paid  by  men  of  the  company  for 
whom  they  wash. 

Sec.   10.  Everv  resident  enrolled  and  notified,  as  is  di- 


rected  in  tlie  third  sectioii  of  this  act,  shall,  within  ouc 
raontli  thereafter,  provide  himself  with  a  good  musket, 
smooth  bore  gun  or  rifle,  shot  poilch  and  powder  horn, 
and  shall  appear  so  armed  and  accoutred,  when  called  out 
to  exercise  or  in  actual  service  ;  the  commissioned  officers 
shall  severally  be  armed  with  a  sword — or  revolver  at  his 
discretion  ;  and  every  resident,  so  enrolled  and  providing 
himself  with  arms  and  acc<:)utreme^ts  as  lierein  directed, 
shall  liold  tlie  same  exempt  from  all  writs,  executions,  or 
sales  fur  debt  or  for  the  payment  of  taxes  ;  and  if  he  shall 
fail  to  provitle  himself  with  arms  and  accoutrements,  as 
herein  directed,  and  if  the  commissioned  officers  of  his 
company  shall  deem  him  in  sufficient  circumstances  to 
equip  himself,  he  shall  forfeit  and  pay,  as  follows  :  for 
want  of  a  good  serviceable  musket,  smooth  bore  gun  or 
rifle,  the  sum  of  fifty  cents.  And  all  parents,  guardians 
and  masters  shall  furnish  those  of  the  militia,  who  shall 
be  under  their  care  or  command,  with  the  arms  and 
equipments  above  mentioned,  under  the  like  penalty  for 
each  neglect  :  Provided,  Such  guardian  shall  have  suffi- 
cient in  his  hands  belonging  to  liis  ward  to  purchase  said 
arms.  If  the  company  court  martial,  after  examination 
on  oath,  shall  adjudge  any  person  enrolled  to  be  incapable 
of  providing  himself  with  arms  and  accoutrements,  as 
here  required,  they  shall  make  a  report  thereof  to  the 
next  court  martial,  wlio  may,  if  it  shall  appear  necessary, 
exempt  such  person  I'rom  the  fines  here  imposed,  until 
such  arms  and  accoutrements  shall  be  provided  and  deliv- 
ered to  him  by  the  court  martial,  who  shall  take  security 
for  the  safe  keeping  of  such  arms  and  accoutrements,  to 
be  returned  when  required. 

Sec.  11.  When  a  company  in  any  district  exceeds  one 
hundred,  it  shall  be  divided  into  two  as  nearly  equal  as 
may  be  ;  and  all  tlie  companies  in  any  one  county  shall 
remain  in  the  same  regiment  until  the  number  reaches 
sixteen,  wlieu  it  shall  be  divided  into    two  regiments  of 


10 


eight  companies  each,  unless  otherwise  especially  provided 
hy  law;  and  any  new  companies  shall  be  added  alternate- 
ly to  one  and  the  other.     The  regimental  courts  martial 
ot  the  several  regiments  in  this  State,    shall  have  power 
so  to  lay  off  the  several  captain's  districts,  as  to  render 
them  as  convenient  to  the  inhabitants  as  a  due  regard  to 
the  number  of  persons  liable   to  perform   military  duty 
will  permit ;  and  they  may  at  any  subsequent  court  mar- 
tial so  alter  or  consolidate  their  I'espective  districts,  as  to 
create  new  ones,  or  to  unite  portions  of  districts  together, 
80  as  to  form  other  and  seperate  districts,  as  a  majority  of 
the  court  martial  may   think  proper  ;    and  all  allotments 
or  alterations  shall  be  duly   recorded  by  the  adjutant  in 
the  boohs  of  the   regiment.     Where   a  small    number  of 
inhabitants  are   so  detached  by  water   courses  or  moun- 
tains,   as  to  render  their  attendance  inconvenient   at  any 
place  where  they  have  been  accustomed  to  muster,    and 
where  such  detached  sections  contain  a  population  of  thirty- 
six  men,    liable  to  perform  military  duty,    it  shall  be 
the  duty  of  the  regimental  court  martial  to  lay  that  sec- 
tion off  into  a  separate  captain's  district ;  and  where  there 
fihall  be  two  or  more  regiments  in  any  county  within  this 
State,  a  majority  of  the  officers,  composing  such  regiments, 
shall  have  full  power  to  alter  and  regulate  the  boundary 
lines  of  their  regiments,  and  in  the  event  the  officers  should 
not  agree  with  respect  to  said  lines,  it  shall  be  the  duty 
of  the  county  court,  a  majority  of  the  justices  being  pres- 
ent, to  establish  the  said  lines  ;  and  when  so  fixed,  the 
adjutant  of  each  regiment  shall  spread  the  same  on  the 
books  of  til e  regiment. 

Sec.  12.  The  Grovernor,  being  the  constitutional  Com- 
mander-in-Cliief,  shall  be  entitled  to  appoint  and  commis- 
sion the  following  staff  officers,  in  addition  to  the  adjutant 
general :  one  military  secretary  and  one  aid-de-camp, 
each  with  the  rank  of  colonel,  and  two  other  aids--de-camp 
— one  with  the  rank  of  lieutenant  colonel  and  one  with 


11 


that  of  major  ;  one  surgeon  j^eneral,  with  the  assimilated 
rank  of  colonel,  and  one  chaplain.  The  adjutant  general 
shall  be  elected  by  the  joint  vote  of  the  General  Assembly 
every  four  years,  and  in  case  of  death,  resignation  or  re- 
moval from  the  State,  when  the  General  Assembly  is  not 
in  session,  the  Governor  and  Council  of  State  shall  fill 
said  vacancy. 

Sec.  13.  A  major  general  shall  be  entitled  to  appoint 
the  folloAving  staff  officers  :  one  assistant  adjutant  and 
inspector  general,  with  the  rank  of  lieutenant  colonel  ; 
one  assistant  quartermaster,  who  shall  also  be  paymaster, 
and  one  assistant  commissary  of  subsistence,  each  with 
the  rank  of  major  ;  two  aids-de-camp — one  with  the  rank 
of  major,  and  one  with  that  of  captain  ;  one  surgeon,  and 
one  chaplain . 

Sec.  14.  A  brigadier  general  shall  be  entitled  to  ap- 
point the  following  staff  officers  :  one  assistant  adjutant 
and  inspector  general  with  the  rank  of  major  ;  one  assist- 
ant quartermaster,  who  shall  also  be  paymaster,  and  ont- 
commissary  of  subsistence,  each  with  the  rank  of  captain: 
one  aid-de-camp,  with  the  rank  of  captain  ;  one  surgeon, 
and  one  chaplain. 

Sec.  15.  Whenever  two  brigades  are  assembled,  or  or- 
dered to  act  together,  the  brigadier  generals  shall  nom- 
inate and  the  Governor  commission  a  major  general  t<» 
command  them.  Should  they  not  agree,  the  Governor 
shall  appoint  and  commission  him. 

Sec.  16.  Brigadier  generals  shall  be  elected  by  the 
field  officers  of  a  brigade,  by  a  majority  of  the  written 
votes  of  said  officers,  to  be  sent  to  the  adjutant  general, 
on  a  day  to  be  named  by  him  in  an  order  to  such  colonel 
or  commanding  officer  of  a  regiment  in  said  brigade  ; 
should  no  one  receive  a  majority,  the  Governor  shall  ap- 
point and  commission  one  of  three  having  the  largest 
number  of  votes  :  and  should  no  more  than  three  votes  be 
received  within  twenty  days  after  the  daj  named  by  the 


12 


adjutant  general,  then  the  Governor  shall  appoint  and 
commission  one. 

Sec.  17.  Field  officers,  (colonels,  lieutenant  colonels 
and  majors,)  shall  be  elected  by  a  majority  of  the  com- 
missioned officers  of  each  regiment  present,  on  a  day  to 
be  designated  by  the  adjutant  general,  and  at  the  usual 
place  of  assembling  the  regiment,  the  votes  to  be  counted 
by  the  two  senior  officers  of  the  regiment  present,  and  the 
result  certified  to  the  adjutant  general,  through  the  brig- 
adier general.  Should  there  be  no  election,  the  brigadier 
general,  in  forwarding  the  result  to  the  adjutant  general, 
shall  nominate  two  of  the  persons  voted  for  for  each -'office, 
one  of  whom  shall  be  appointed  and  commissioned  by  the 
Governor. 

Sec.  18.  Company  officers  shall  be  elected  by  the  com- 
pany on  a  day  to  be  designated  by  the  colonel  or'  com- 
manding officer  of  the  regiment,  and  at  the  usual  place 
of  j)arade  of  said  company,  and  a  majority  of  those  pres- 
ent shall  elect.  Two  officers  of  the  regiment  to  which  the 
company  belongs,  shall  be  ordered  to  superintend  the 
election,  and  make  return  thereof  to  the  colonel  or  com- 
manding officer  of  the  regiment,  who  shall  forv/ard  it  to 
the  adjutant  general  through  the  brigadier  general  of  the 
brigade.  Should  there  be  no  election,  the  colonel  or  com- 
manding officer  of  the  regiment,  in  forwarding  the  result 
to  the  adjutant  general,  shall  nominate  two  or  more  of 
the  persons  voted  for  for  each  office,  of  whom  the  briga- 
dier general  shall  nominate  two  for  each  office  to  the  ad- 
jutant general,  one  of  whom  shall  be  appointed  and  com- 
missioned by  the  Governor. 

Sec.  19.  Any  officer  who  shall  fail  or  refuse  to  accept 
the  office  to  which  he  may  be  elected  or  appointed,  or  who 
shall  fail  to  equip  himself  according  to  law  within  three 
months  from  tlie  date  of  his  commission:  if  a  major  or 
brigadier  general,  he  shall  forfeit  and  pay  the  sura  of  two 
hundred  dollars  :  if  a  field  officer,  one  hundred  dollars  ; 


13 


if  a  captain,  fifty  dollars  ;  and  if  a  lieutenant,  twenty-fivo 
dollars  ;  to  be  recovered  as  in  section  3  of  thi.s  act :  Pro- 
vided, That  no  officer  shall  be  compelled  to  bold  his  office 
longer  than  three  years. 

Sec.  20.  All  officers  shall  reside  within  the  brigade, 
regiment  or  company  district  to  which  they  respectively 
belong. 

Sec.  21.  The  uniform  of  the  militia  shall  1m-  urai  pre- 
scribed for  the  army  of  tlie  Confederate  States,  but  the 
button  shall  have  the  words  "North  Carolina"  thereon. 

Sec.  22.  All  officers  shall  be  commissioned  by  the  Gov- 
ernor, anol  shall  take  the  following  oath,  to  wit :  ''I,  A. 
B.,  do  solemnly  swear  or  affirm  (as  the  case  may  be)  that 
while  I  continue  in  the  service  I  will  bear  true  faitli  and 
yield  obedience  to  the  State  of  North  Carolina,  and  that  I 
will  serve  it  honestly  and  faithfully  against  its  enemies, 
and  that  I  will  observe  and  obey  the  orders  of  the  Gov- 
ernor of  the  said  State,  and  the  orders  of  the  officers  ap- 
pointed over  me,  according  to  law.  "  This  oath  shall  be 
taken  and  subscribed  by  the  officer  and  returned  to  the 
adjutant  general. 

Sec.  23.  It  shall  be  the  duty  of  the  adjutant  general  to 
keep  books  in  which  all  commissions  given  to  officers 
shall  be  recorded,  to  issue  all  orders  of  the  commauder-in 
chief,  and  to  keep  a  record  thereof,  and  to  do  all  other 
tilings  properly  belonging  to  the  adjutant  and  inspector 
general  of  an  army.  He  shall  discharge  the  duties  of 
liuarter  master  and  paymaster  general,  commissary  gen- 
eral, and  chief  of  ordance,  with  such  assistants  in  eacli 
department  not  exceeding  four  in  times  of  war,  and  one 
in  times  of  peace,  and  such  clerks  as  the  Governor  may 
deem  necessarv,  to  be  appointed  by  him  and  subject  to 
his  removal  ;  said  assistants  shall  do  duty  in  any  of  said 
departments  when  required  by  the  adjutant  general,  and 
shall  have  rank  and  pay  not  higher  than  captain 
in  times  of  war,    and   the   rank  and  pay  of  captain  in 


u 


times  of  peace  ;  said  pay  to  be  the  same  as  in  the  confed- 
erate service  ;  and  the  clerks  shall  receive  not  more  than 
fivehuudred. nor lessthau  threehundred  dollars^e?' awwwm. 
The  adjutant  general  shall  receive  for  his  services  as 
above  directed,  in  time  of  war  the  pay  and  allowance  of  a 
brigadier  general  in  the  army  of  the  Confederate  States, 
and  in  time  of  peace  one  thousand  five  hundred  dollars, 
and  may  hold  his  office  four  years  from  and  after  the 
meeting  of  the  first  regular  session  of  the  General  As- 
sembly after  the  passage  of  this  act,  or  until  his  successor 
is  elected. 

Sec.  24.  Major  generals  will  command  two  brigades 
when  in  actual  service.  It  shall  be  the  duty  of  the  brig- 
adier gereral  to  review  at  least  once  a  year  the  regiments 
composing  his  brigade.  It  shall  be  the  duty  of  the  colo- 
nel to  assemble  his  regiment  twice  in  each  year  for  drill 
and  review.  It  shall  be  the  duty  of  the  captain  to  assem- 
ble his  company  for  drill  once  a  month  in  time  ol  war, 
and  once  in  three  months  in  time  of  peace. 

Sec.  25.  For  failure  to  perform  the  duties  required  in  sec- 
tion 24  of  this  act,  the  brigadier  general  shall  forfeit  and 
pay  the  sum  of  two  hundred  dollars  ;  the  colonel,  one  hun- 
dred dollars  ;  and  if  any  captain  or  commanding  officer 
of  a  company  shall  fail  or  neglect  to  mustor  his  company, 
as  directed  by  section  24  of  this  act,  he  shall  forfeit  and 
pay  the  sum  of  six  dollars  for  each  failure, to  be  adjudged  by 
the  next  regimental  court  martial ;  and  if  he  or  any  com- 
missioned officer  of  the  company  shall  fail  to  appear 
equipped  as  directed  at  said  muster,  the  officer  so  failing 
shall  pay  the  sum  of  four  dollars  ;  and  if  a  non-commis- 
sioned officer  or  private  shall  fail  to  attend  at  a  company 
muster,  he  shall  forfeit  and  pay  the  sum  of  one  dollar  ; 
and  if  he  attend  without  being  armed  and  accoutred,  he 
shall  pay  the  sum  of  fifty  cents,  which  sum  shall  be  ad- 
judged by  the  company  court  martial  according  to  the 
circumstances  of  said  delinquent:  Provided,  That  every 


15 


absentee  shall  be  allowed  until  the  next  succeeding  com- 
pany muster' to  make  his  excuse,  which  shall  always  be 
on  oath,  the  officer  highest  in  rank  present  being  hereby 
authorized  to  administer  the  same.  When  companies  con- 
sist principally  of  persons  residing  within  any  town,  and 
the  muster  ground  is  at  or  within  one  mile  of  said  town, 
all  fines  imposed  by  this  act  for  not  appearing  at  reviews 
and  musters,  or  if  appearing,  not  being  properly  armed 
and  accoutred,  shall  be  doubled. 

Sec.  26.  That  in  each  brigade  the  general  commanding 
the  same  shall  appoint  a  brigade  inspector  who  shall 
hold  the  rank  of  majcr,  whose  duty  it  shall  be  to  drill 
all  the  commissioned  officers  and  orderly  sergeants  of  the 
brigade  at  least  two  days  before  each  regimental  muster, 
said  officers  being  required  to  drill  in  uniform,  and  for 
each  day's  service  he  shall  receive  two  dollars,  to  be  paid 
at  the  treasury  upon  certificate  of  the  commandant  of  the 
brigade  that  such  services  were  rendered.  He  shall  drill 
according  to  Hardee's  Tactics,  and  such  other  tactics  as 
the  commander-in-chief  may  prescribe,  and  a  copy  of  such 
tactics  shall  be  furnished  to  each  commissioned  officer  by 
the  Adjutant-General  at  the  expense  of  the  State. 

Sec.  27.  Between  the  middle  and  end  of  November  in 
each  year,  every  regiment  of  militia  shall  be  regularly 
mustered  by  the  brigadier-general,  or  its  own  command- 
er. For  this  muster  each  captain  shall  fill  out  two  mus- 
ter rolls,  blanks  to  be  furnished  by  the  adjutant-general, 
which  shall  contain  the  names  of  all  ])ersons  belonging  to 
the  company.  By  these  muster  rolls,  the  brigadier- 
general,  or  Qommander  of  the  regiment,  shall  muster  each 
company,  after  having  inspected  it.  These  rolls  shall  be 
signed  by  both  the  captain  and  mustering  officer,  and  be, 
by  the  latter,  sent  to  the  adjutant-general.  The  colonel 
shall  make  similar  rolls  for  his  staff. 
Sec.  28.  The  commissioned  officers  of  companies,  or  a 
majority  of  them,  shall,  after  every  muster  of  the  com- 


in 


])any,ou  a  day  to  be  appointed  by  the  commanding  officer 
of  the  company,  meet  in  court-martial,  and  proceed  to  try 
and  determine  all  cases  which  may  come  before  them,  and 
on  conviction  of  any  delinquent,  the  officer  highest  in 
rank,  present,  shall  enter  up  judgment,  and  issue  writs' 
of  execution  against  the  goods  and  chattels  or  body  of 
the  delinquent,  as  in  judgment  in  civil  cases. 

Sec,  29.  The  right  of  appeal  shall  be  allowed  from  a 
company  to  a  regimental  court-martial,  but  no  appeal 
.shall  be  granted,  unless  the  person  praying  the  same  shall 
give  notice  thereof  in  ten  days  from  the  sitting  of  the  court. 
and  he  shall  give  security,  to  be'  api)roved  by  the  captain 
or  presiding  officer  of  the  company  court-martial,  to  abide 
by  the  decision  of  the  regimental  court  m.artial  ;  said  ap- 
peal shall  be  taken  in  like  manner  as  appeals  froip  justices 
of  the  peace  to  the  county  courts,  and  shall  be  proceeded 
on  in  like  manner  by  the  regimental  court-martial. 

Sec  30.  Every  execution  coming  up  on  a  judgment  en- 
tered up  beibre  any  court-martial,  shall  be  directed  to  a 
constable  or  the  sheriff  of  the  county,  and  the  officer  to 
whom  such  execution  maybe  directed  and  delivered,  shall 
proceed  to  collect  the  same  in  tlie  manner  and  under  the 
rules  established  in  civil  cases,  and  shall  be  allowed  the 
{^ame  fees  for  his  services.  He  shall  make  his  return  to 
the  next  company  court-martial,  under  a  penalty  of  twen- 
ty dollars-  for  every  neglect  of  duty,  to  be  recovered  by 
such  on  the  official  bond  of  such  constable  or  sheriff,  in  the 
name  of  the  State  to  the  use  of  the  presiding  officer  of  the- 
rourt-martial  from  which  such  execution  issued.  Any 
j^enalty  so  recovered  shall  be  appropriated  a^  other  mili- 
tary fines,  and  in  case  the  presiding  officer  of  any  court- 
martial  should  fail  in  any  such  suit,  he  is  authorized  to  use 
so  much  of  the  fines  of  the  company  or  regiment,  as  the 
case  may  be,  as  shall  be  necessary  to  defray  the  expenses 
of  said  suit. 

Sec.  31.  The  presiding  officer,  of  such  court  shall  ad- 


17 


minister  to  each  member  the  following  oath,  viz:  "We, 
A.  B.  C,  do  each  of  us  swear,  (or  offirm,)  that  we  will 
faithfully  enquire  into  all  delinquencies  brought  before 
thiscourtand  assess  the  fines  therefor,  without  partiality, 
favor,  or  affection:     So  help  us  God." 

Sec.  82.  Every  court-martial  shall  have  the  power  and 
authority  to  issue  writs  of  capias  ad  satisfaciendum  upon 
any  judgment  rendered  in  said  courts  under  the  same 
rules  as  are  now  or  may  be  prescribed  by  law  in  civil  ca- 
ses ;  said  writ  shall  be  issued  by  any  lawful  officer  of  the 
Bounty,  and  it  shall  be  returned  to  the  county  court,  un- 
der the  same  rules  and  regulations  as  though  the  said  writ 
had  been  issued  by  a  justice  of  the  peace,  and  shall  be 
treated  and  governed  accordingly,  except  no  affidavit 
shall  be  required  to  make  up  any  issue  of  fraud. 

Sec.  33.  All  executions  issued  by  any  court-martial  and 
levied  upon  real  estate,  shall  be  returned  to  the  county 
court  under  the  same  rules,  regulatfons  and  law  as  justice'*!: 
e.Kecutious  for  the  same. 

Sec.  34.  All  witnesses  who  have  been  summoned  by  any 
t;ourt-niartial  shall  appear  accordingly,  and  continue  from 
term  to  term  until  discharged,  and  in  default  thereof  shall 
forfeit  and  jiay  the  sum  of  forty  dollars,  to  be  recovtjred 
by  a  scire  facias:  ^  issued  by  said  court-martial. 

SiX'.  35.  There  shall  be  in  each  regiment  a  regimental 
court-martial,  composed  of  the  commandant  of  the  regi- 
ment, and  the  commandanta  of  battalions  and  companies, 
in  the  regiraetit,  or  attached  to  it.  A  majority  of  these 
officers  shall  cimstitute  a  quoruu). 

Sec.  36.  Thf  senior  officer  present  shall  preside.  The- 
court  shall  sit  twice  in  every  year  at  such  time  and  place 
as  the  commaTidant  may  appoint. 

Sec.  37.  The  president  and  members  shall  take  the 
oath  prescribed  for  a  company  court-martial,  which  shall 
'coadministered  in  the  same  manner. 

Sec.    38.    The   adjutant   shall    act   as  judge   advocat-e 


18 


in  such  courts,  and  in  addition  to  other  duties,  shall 
keep  a  fair  record  of  the  proceedings  of  the  court,  and  in 
e«fcseof  his  disability  to  attend,  the  president  shall  appoint 
an  acting  judge  advocate  in  his  stead. 

Sec.  39.  The  said  regimental  court  shall  have  power  to 
assess  fines  according  to  law,  upon  officers  of  the  regiment, 
upon  officers  attached  thereunto,  or  upon  other  persons 
when  specially  authorized ;  may  hear  and  determine  ap- 
peals from  the  company  courts-martial,  and  may  remit  or 
lessen  any  fines  imposed  by  them  or  any  fine  imposed  by 
the  preceding  regimental  court,  on  good  cause  being 
shown  ;  may  adjourn  from  time  to  time  until  the  busine&s 
before  it  is  completed;  and  if  a  quorum  be  not  present, 
may  adjourn  until  a  quorum  is  formed,  or  the  commanding 
officer  may  adjourn  it  to  any  day,  giving  reasonable 
notice  thereof. 

Sec.  40.  All  complaints  upon  whi^h  general  courts- 
martial  may  be  ordered,  shall  be  in  writing,  under  oath, 
signed  by  the  complainant,  and  shall  clearly  specify  the 
offence,  and  the  time  when,  and  the  place  where  it  wa« 
committed. 

Sec.  41.  Every  officer  to  b'?  tried  by  court-martial  shall 
be  put  under  arrest. 

Sec.  42.  No  commissioned  officer  shall  be  tried  but  by  a 
general  court-martial  to  be  ordered  by  a  brigadier-general, 
or  higher  authority. 

Sec.  43.  No  officer  shall  be  arrested  for  an  offence  com- 
mitted more  than  one  year  before  application  for  such  ar- 
rest, unless  his  absence  or  other  manifest  impediment,  ha« 
prevented  the  preferment  of  the  complaint  within  that 
time. 

Sec.  44.  Any  officer  making  an  arrest  shall  forthwith 
certify  the  same  to  the  brigadier-general,  together  with 
the  cause  thereof,  and  the  charges,  specifications  and  proofs 
{ ffered  to  sustain  said  charges.  No  officer  shall  be  arreut- 
ed  but  by  a  field-officer  of  his  regiment  or  commander  of 
his  company,  or  higher  authority. 


19 


Sec.  45.  If  the  brigadier-general  shall  refuse  to  order 
a  court-martial  upon  any  officer  so  arrested,  he  shall  cause 
an  order  of  discharge  to  be  issued,  and,  if  no  court-martial 
be  ordered  within  thirty  days,  the  arrested  officer  shall  b« 
restored  to  command. 

Sec.  46.  The  Governor,  for  misconduct  within  his  own 
knowled<;e,  or  upon  complaint  in  writing  by  any  commis- 
sioned officer,  may  order  a  court  of  inquiry  to  investigate 
charges  against  any  officer  of  militia.  His  order  for  such 
court  shall  be  issued  by  the  adjutant-general. 

Sec.  47.  A  court  martial  shall  consist  of  not  less  than 
five  nor  more  than  nine  members,  and  shall  be  constitu- 
ted in  the  same  manner  as  is  provided  for  the  government 
of  similar  courts  in  the  army  of  the   Confederate   States. 

Sec.  48.  At  least  ten  days  before  the  meeting  of  any 
court  martial,  the  officer  detailing  the  same  shall  give 
the  officer  arrested  notice  in  writing  of  the  time  and 
place  of  the  sitting  of  the  court  for  his  trial  ;  and  shall 
furnish  him  with  a  list  of  the  officers  detailed  therefor, 
and  he  shall  draw  up  in  writing  the  charges  and  specifi- 
cations of  the  alleged  offence  and  shall  sign  his  name 
thereto,  and  cau.se  a  duplicate  of  the  same  to  be  delivered 
to  the  accused  ten  days  before  his  trial  ;  and  if  ho  objecta 
and  the  court  is  satisfied  that  he  has  not  received  the 
same,  they  shall  adjourn  so  as  to  allow  the  time  required 
to  elapse  after  the  delivery  of  the  proper  notice.  Upon 
such  trial,  nothing  shall  be  alleged  against  the  accused 
except  what  is  embraced  in  the  charges  and  specifications, 
unless  for  misconduct  on  trial. 

Sbc.  49.  The  officer  detailing  a  court  martial  for  the 
tiial  of  any  commissioned  officer,  shall  appoint  a  Judge 
advocate  and  an  orderly  to  summon  the  court  and  wit- 
nesses, and  a  provost  marshal. 

Sec.  50.  The  judge  advocate,  after  being  notified  of 
his  appointment,  shall  issue  subpoenas  for  witnesses,  m 
well  for  the  prosecution  as  for  the  accused  ;  shall  attend 
the  court ;  attend  to  the  preparation  and  disposition  of 
the  record  ;  have  the  custody  and  safe  keeping  of  all 
papers  connected  with  the  trial  ;  and  perform  all  the  du- 
ties pertaining  to  his  office  as  prescribed  by  the  regula- 
tions of  the  army  of  the  Confederate  States.  The  judge 
advocate  shall  be  the  certifying  officer  to  authenticate 
c*ipie8  of  papers  and  documents  used  before  courta  martial, 
courts  of  inquiry,  or  boards  of  officers. 


20 


Sec.  51.  Before  a  court  martial  proceeds  to  the  trial 
of  an  officer,  the  judge  advocate  shall  administer  to  the 
president  and  members  thereof,  severally,  the  following 
oath,  viz  :  "You,  A.  B.,  do  swear,  (or  affirm),  that  you 
will  well  and  truly  try  and  determine,  according  to  evi- 
dence, the  matter  now  before  you,  between  the  State  of 
North  Carolina  and  the  prisoner  to  be  tried,  and  that  you 
will  duly  administer  justice,  according  to  law,  without 
partiality,  favor  or  aft'ection,  according  to  your  conscience 
and  the  best  of  your  understanding  ;  and  you  do  further 
!iwear  (or  affirm)  that  you  will  not  divulge  the  sentence 
►-f  the  court  until  it  siiall  be  published  by  the  proper 
authority  ;  neither  will  you  discover  or  disclose  the  vote 
or  opinion  of  any  particular  member  of  the  court  martial, 
unless  required  to  give  evidence  thereof,  as  a  witness,  by 
a  court  of  justice,  in  a  due  course  of  law  :  80  help  you 
God. "  And  so  soon  as  the  oath  shall  have  been  adminis- 
tered to  the  respective  members,  the  president  of  the  court 
shall  administer  to  the  judge  advocate,  or  person  officia- 
ting as  such,  an  oath  in  the  following  words,  viz  :  "You, 
A.  B.,  do  swear,  that  you  will  not  disclose  or  discover 
the  vote  or  opinion  of  any  particular  member  of  the 
court  martial,  unless  required  to  give  evidence  thereof, 
as  a  witness,  by  a  couri  of  justice,  in  due  course  of  law  ; 
nor  divulge  the  sentence  of  the  court  to  any  but  the  proper 
authority,  until  it  shall  be  duly  disclosed  by  the  same  : 
So  help  you  God."' 

Sec.  52.  No  member  of  the  court  shall  be  challenged 
by  the  accused  before  the  president,  judge  advocate  an-.l 
members  shall  have  been  sworn  ;  only  one  member  shall 
be  challenged  at  a  time,  and  the  challenge  shall  be  in 
writing,  stating  the  cause  of  said  chaHenge.  The  court 
being  then  cleare  1,  and  the  challenged  member  having 
withdrawn,  the  other  members  shall  proceed  to  try  wheth- 
er the  challenge  is  good.  Illegality  or  irregularity  in  the 
detail  of  a  member  of  the  court  shall  bo  good  cause  of 
challenge  by  either  party  ;  but  shall  be  considered  as 
waived  unless  the  objection  is  taken  at  the  time  and  in 
the  manner  aforesaid. 

Sec.   5?).   If  the  accused  neglects  to  appear  and  defend, 

or  refuses  to  plead,  or  withdraws  in  contempt  of  the  court, 

the  court  may  ])roceedto  trial  and   judgment  as  if  he  had 

pleaded  not  guilty. 

Sec.   54.   If  any  i>erson  summoned   as  a  witness  to  at- 


21 


tend  any  court  martial,  shall  fail  to  appear  accordingly, 
the  judge  advocate  may  issue  a  capia.^  ad  respondendum 
in  like  manner  and  with  the  like  consequences  as  in  crimi- 
nal prosecutions,  and  if  such  witness  be  an  officer,  he 
shall  be  liable  to  arrest,  and  tried  by  court  martial,  and 
to  be  cashiered  or  censured  ;  and  if  any  person  so  sum- 
moned, and  attending,  shall  refuse  to  give  evidence,  he 
may  be  fined  as  aforesaid,  or  be  committed  to  prison  by 
the  court  as  for  a  contempt ;  and  the  said  fines  shall  be 
collected  by  the  sheriff  of  the  county  in  the  same  manner 
and  the  same  proceedings  had  thereon,  in  case  of  failure 
to  pay,  as  are  had  on  CKPCutions  issued  from  any  court  ot 
record  in  the  State:  Provided,  That  in  all  cases  the  judge 
advocate  shall  place  in  tlie  hands  of  the  sheriff  or  collec- 
tor of  the  county  in  which  said  witness  resides,  an  execu- 
tion fertile  amount  of  sucli  fine,  and  make  a  return  to 
the  presiding  officer  of  the  court  martial,  issuing  said 
execution,  s;nting  forth  against  whom  such  execution  has 
issued,  and  for  what  amount,  and  to  what  officer  it  was 
delivered. 

Sec.  55.  Before  the  witnesses  testify  they  shall  be 
«worn  by  the  judge  advocate  in  the  following  form,  viz  : 
'•You  swear,  or  affirm  (as  the  case  may  be,)  the  evidence 
you  shall  give  in  the  cause  now  in  hearing  shall  be  the 
truth,  the  whole  truth,  and  nothing  but  the  truth  :  So 
help  you  God." 

Sec.  56.  When  the  adjutant  is  complainant  for  neglect 
or  default  in  making  returns,  he  shall  not  be  required  to 
be  present ;  and  his  certificate  shall  be  prima  facie  evi- 
dence that  such  return  was  or  was  not  made,  and  that 
a  copy  of  a  return  is  true. 

Sec.  57.  The  statement  of  the  complainant  and  the  de- 
fence of  the  accused,  and  motions,  arguments  and  objec- 
tions to  the  proceeding  by  either  party,  and  the  answer 
thereto,  shall  be  submitted  to  the  conrt  in  writing  ;  the 
evidence  and  proceedings  in  and  out  of  court,  and  opin- 
ions of  the  judge  advocate  on  questions  of  law  arising 
during  the  trial,  shall  be  put  in  writing  by  him.  After 
the  prosecution  and  defence  are  concluded  he  shall  state 
and  sum  up  the  evidence  an  give  his  opinion  to  the  court 
upon  matters  of  law,  which  opinion,  with  the  judgment 
he  shall  put  in  writing.  When  a  question  is  to  be  de- 
cided, the  judge  advocate  shall  receive  the  vote  of  each 
member,  beginning  with  tlie  youngest  and  proceeding  to 


the  oldest,  and  iinlesB  two-thirds  of  the  members  agree 
that  the  accused  is  guilt}',  he  shall  be  acquitted. 

Sec.  58.  If  two-thirds  of  the  menibeis  find  him  to  be 
guilty,  he  shall  be  sentenced  to  be  reprimanded  in  orders, 
or  to  forfeit  a  sum  not  exceeding  two  hundred  dollars,  or 
to  be  cashiered,  either  or  all  of  them  ;  in  the  last 
case,  may  be  further  adjudged  to  be  disqualified  from 
holding  any  military  office  during  life  or  for  a  term  of 
years  ;  but  no  sentence  of  disqualification  or  of  dismissal 
from  office  shall  be  executed,  until  the  proceedings  of  the 
court  shall  have  been  laid  before  the  commander-in-chief, 
and  approved  by  him. 

Sec.  59.  Courts  martial  may  preserve  order  during 
their  sessions,  and  whosoever  in  such  court  behaves  in  a 
disorderly  or  an  insulting  manner,  or  makes  a  tumult  or 
disturbance,  may  be  arrested  by  order  of  the  court,  and 
confined,  not  exceeding  twenty-four  hours,  or  fined  not 
exceeding  ten  dollars,  either  or  both.  If  the  fine  be  not 
paid,  the  judge  advocate  shall  issue  a  mitimus  forthwith, 
to  commit  such  person  to  prison  in  the  same  manner  and 
with  the  same  effect  as  upon  executions  in  cases  of  prose- 
cutions for  non-payment  of  military  fines  and  costs. 

Sec.  60.  The  original  proceedings  and  sentence  of  any 
court  martial,  with  the  papers  used  therein,  certified  by 
the  judge  advocate,  shall  be  eealed  up,  and  without  delay 
delivered  by  him  to  the  officer  ordering  the  court,  who 
shall  transmit  the  same  with  his  written  a})proval  or  dis- 
approval, and  the  reasons  therefor  subjoined,  to  the  ad- 
jutant general  to  be  filed  in  his  office.  The  judge  advo- 
cate shall  also  make,  certify  and  transmit  the  parol  of 
the  court  martial  to  the  same  office.  The  order  consti- 
tuting the  court,  or  a  certified  copy  thereof,  must  be  at- 
tached to  the  bill,  and  signed  by  all  the  persons  interest- 
ed. 

Sec.  61.  Every  decision  of  a  court  martial  shall  be  of- 
ficially communicated  to  the  accused  by  the  officer  order- 
ing the  court,  within  three  days  a!ter  said  officer  shall 
have  approved  or  dissapproved  of  such  decision.  The 
officer  ordering  the  court,  and  the  party  tried  thereof 
shall  receive,  upon  request  from  the  adjutant-general, 
a  copy  of  the  record,  the  party  tried  paying  a  reason- 
able sum  for  his  copy.  Every  person  who  shall  think 
himself  aggrieved  by  the  judgment  of  a  court  mar- 
tial, may  appeal  therefrom   to  the  commander-in-chief, 


23 


who,  upon  exarainatiou,  may  remit  the  proceedings  to 
the  said  court  for  re-conHidcration,  or  may  confirm  or  dis- 
approve tiie  same,  and  his  decision  shall  he  final.  Officera 
in  court  martial  shall  rank  hy  seniority  of  commission. 

Sec.  62.  Each  officer  attending  as  a  memher  of  courts 
martial,  court  of  inquiry,  or  military  board,  shall  receive 
three  dollars  per  day,  for  every  day  he  shall  attend,  and 
ten  cents  for  every  n\ilc  he  shall  necessarily  travel,  in 
going  to  and  returning  from  the  place  appointed  i'or  the 
meeting  of  the  court.  The  judge  advocate  shall  receive 
for  his  services  five  dollars  per  day  which  shall  be  in  lull 
compensation  for  all  services  in  preparing  papers  before 
and  making  copies  after  trial,  inquiry  or  investigation. 
The  provost  marshal  shall  recieve  tv^o  dollars  per  day. 
The  orderly  appointed  to  summon  the  court  and  witnessea 
shall  receive  ten  cents  per  mile  for  every  mile  he  sViall 
necessarily  travel  in  performing  such  duty,  and  one  dollar 
per  day  for  his  attendance  in  the  court.  The  witnesse* 
attending  the  court  shall  receive  the  same  compensation 
and  mileage  as  allowed  to  witnesses  attending  the  Supe- 
rior Courts  of  law.  Fees  for  subpoenas  and  service  of  them 
shall  be  the  same  as  in  civil  cases.  All  compensation  to 
the  court  and  its  officers  and  other  incidental  expenses, 
shall  be  certified  to  the  adjutant  general  by  the  judge 
advocate  of  the  court,  if  any  shall  be  holden,  or  if  not,  by 
a:».y  three  officers  summoned  to  attend  as  ai'oresaid  ;  and 
shall  be  paid  out  of  the  contingent  fund,  except  only  that 
the  expense  of  more  than  three  witnesses  to  the  same 
fact  shall  be  paid  by  the  party  at  whose  instance  they  at- 
tend. 

Shc.  63.  Every  officer  commanding  a  regiment  or  corps 
in  actual  service,  may  appoint  in  his  own  regiment  or 
corps,  a  court  martial  to  consist  of  three  commissioned 
officers,  for  the  trial  and  punishment  of  any  non-commis- 
sioned officers,  musician  or  private  belonging  thereto,  for 
all  offences  not  cajdtal.  Kach  court  shall  be  governed  bj 
the  rules  which  govern  similar  courts  in  the  army  of  the 
Confederate  States.  The  proceedings  ot  such  court  shall 
be  submitted  to  the  officer  ordering  the  same  for  his  re- 
vision and  decision,  and  said  officer  may  pardon  or  miti- 
gate any  punishment  ordered  by  said  court  to  be  inflicted. 
If  tlie  accused  think  himself  aggrieved  by  the  decision  of 
any  such  court,  he  may  appeal  to  a  general  court  mar- 
tial, which  shall  be  detailed  for  that  purpose,  when  a  new 


24 


trial  shall  be  had,  and  Ihe  proceedings  shall  he  the  same 
as  in  other  cases  tried  by  general  courts  martial. 

Sec.  64.  In  thetrial  of  any  case  before  a  court  martial, 
the  court  shall  proceed,  unless  otherwise  and  s{)ecially 
provided  by  law,  according  to  the  rules  and  articles  of 
war,  as  established  b}'-  Congress,  and  according  to  the 
practice  and  laws  which  govern  such  cases  in  the  army  of 
the  Confederate  States. 

Sec.  G5.  All  fines  collected  through  the  adjutant  gen- 
eral shall  he  paid  into  the  treasury  of  the  State,  and  all 
tines  imposed  by  a  court  martial  sliall  be  paid  into  the 
hands  of  tliC  presiding  officer  of  the  court  martial,  for 
which  the  execution  may  issue,  and  to  he  disposed  of  by 
the  court  martial  for  the  benefit  of  the  regiment  or  com- 
pany  tor    which  said  court  martial  may  have  been  held. 

Sec.  6H.  The  commander-in-chief,  when  in  his  opinion 
it  is  necessary,  may  call  hoards  of  officers  for  settling 
military  questions,  or  for  other  purposes  relative  to  good 
order  and  discipline. 

Sec.  67.  Courts  of  inquiry  shall  he  ordered  only  br 
the  commander-in-chief,  and  will  be  organized  in  like 
manner  as  courts  martial,  and  under  the  same  regulations : 
may  examine  into  the  nature  of  a  transaction,  imputa- 
tion, or  accusation,  made  against  any  officer  by  an  infe- 
rior. Vacancies  shall  be  filled  as  in  courts  martial.  The 
judge  advocate  sliall  administer  to  each  of  the  officers 
composing  a  court  of  inquiry  the  following  oath,  viz: 
*'  You  shall  well  and  truly  examine  and  enquire,  accord- 
ing to  your  evidence,  into  the  matter  now  before  you, 
without  jiartiality,  favor,  affeetion,  prejudice,  or  ho])e  of 
reward:  So  help  you  Grod."  After  wliich  the  president 
S'hall  administer  to  the  judge  advocate  or  recorder,  the 
following  oath  :  "You,  A.  B.,  do  swear  that  you  will, 
according  to  your  best  abilities,  accurately  and  impartially 
record  the  })rocecdings  of  the  court,  and  the  evidence  to  be 
given  in  the  case  in  hearing:  So  help  you  God."  T\\e 
witness  shall  take  the  same  oath  as  witnesses  sworn  before 
a  court  martial.  The  proceedings  shall  be  recorded,  and 
with  the  ])a})ers  and  documents  used  therein,  authenti- 
cated and  transmitted  by  the  judge  advocate  to  the  adju- 
tant general  :  no  officer  appointing  a  court  martial,  court 
ofin(|uiry,  or  board  of  officers,  shall  order  a  guard  for 
the  same,  unless  in  his  opinion  it  is  necessary  for  their 
protection. 


25 


Sec.  68.  That  whenever  the  Governor  of  this  State  shall 
receive  from  the  President  of  the  Coul'ederate  States  a  re- 
quisition for  troops  from  tliis  State,  (»r  whenever  in  the 
opinion  of  the  Governor,  the  public  safety  shall  require  a 
resort  to  the  provisions  of  this  section,  he  shall  issue  his 
proclamation  declaring  how  many  m?n  arc  required  tohe 
raised  from  each  regiment  of  tlie  State,  taking  into  consi- 
deration the  number  each  regiuient  shall  have  tlieretofore 
furnished,  and  npon  the  ])roclamation  of  tiie  Governor, 
it  shall  be  tlie  duty  of  the  commandant  of  each  regiment 
to  assemble  within  tliirty  days,  upon  the  regimental  mus- 
ter ground,  all  of  his  command,  and  make  a  call  for  vol- 
unteers pursuant  to,  and  in  acccudance  with  the  said 
proclamation,  and  if  any  regiment  in  the  State  shall  neg- 
lect, refuse  or  tnil  to  tender  their  quota  of  volunteers  as 
required  by  said  proclamation  ;  upon  such  call,  then  the 
Governor  is  hereby  authorized  and  required  to  order  a 
draft  from  such  regiment  as  retiise  or  neglect  to  tender 
the  requisite  number  of  officers,  non-commissioned  officers 
and  ])rivates,  each  captain's  company  being  credited  with 
the  number  already  in  tlie  service:  Provided^  That  no 
volunteer  who  has  served  out  his  time'shall  he  subject  to 
said  diatt,  and  provided  further  that  no  captain's  district 
shall  be  subject  to  such  draft,  which  has  furnished  in  vol- 
unteers in  the  State  troops  or  twelve  months"  volunteers, 
its  full  quota  of  men  according  to  white  population,  nor 
shall  men  be  drawn  from  any  district  more  than  shall  be 
8iifficieut,when  adiled  to  the  volunteers  from  such  district, 
to  make  its  full  quota:  And  provided,  finihor,  That  it  may 
be  lawful  for  anyone  so  dralted  to  tender  to  the  commander 
of  the  regiment  a  substitute  for  himself  if  he  desires  so  to 
do,  and  if  said  substitute  is  received  by  said  commander, 
the  individual  dratted  shall  be  excused  from  going  into 
actual  service. 

Sec.  09.  That  the  term  of  service  for  each  person  so 
drafted  shall  be  twelve  months,  unless  sooner  discharged 
by  the  order  of  the  connnander-in-chiefAand  no  person 
having  served  as  a  drafted  soldier  shall  be  liable  to  a 
second  term  of  service  until  all  the  requisitions  have  been 
called  into  service,  except  in  cases  of  insurrection  or  invas- 
ion, or  such  circumstances  of  imminent  peril  as  in  the 
discretion  of  the  Governor  may  render  a  general  call  upon 
the  militia  necessary. 

Sec.  70.  That  upon  any  call  upon  tlie  drafted  militia,  it 


26 


shall  be  lawful  for  the  Governor  to  command  any  of  the 
eompany  officers,  not  volunteers,  to  make  up  a  company 
©t  the  same  and  lead  them  int ;  the  service. 

Sec.  71.  That  during  the  existing  war  with  the  United 
States  or  any  future  war,  the  Governor  of  the  State  be  and 
he  is  hereby  authorized  to  keep  in  the  service  of  the  Con- 
federate States,  thirty  regiments  of  soldiers,  or  so  many  as 
may  be  required  by  that  government.  Each  regiment 
which  has  not  been  already  organized  shall  conform  its  or- 
ganization in  all  respects  to  tlie  rules  and  regulations  of 
the  Confederate  States,  as  to  the  number  and  kind  of  offi- 
cers, non-commissioned  officers  and  privates  which  it  may 
contain;  and  the  Governor  shall  have  power, when  the  same 
is  practicable  and  deemed  expedient  by  him,  to  cause  the 
organization  of  other  regiments  and  corps  already  in  the 
field,  or  in  process  of  organization,  to  conform  to  the  said 
rules.  That  the  said  additional  regiments  shall  be  com- 
posed of  infantry,  riflemen  or  artillerists  as  the  Governor 
may  determine,  and  he  shall  have  power  to  cause  the  same 
to  be  armed  and  equipped  and  also  supplied,  until  he  shall 
deem  them  })repared  to  enter  the  service  of  the  Confederate 
States,  and  shall  then  tender  them  for  such  service  ;  and 
all  sums  of  money  necessary  for  that  purpose,  he  shall 
have  power  to  draw  from  the  public  treasury  :  Provided^ 
It  shall  be  the  duty  of  the  Governor  to  make  arrangements 
at  the  earliest  practicable  day, with  the  Confederate  States, 
of  America  to  arm,  equip  and  subsist  such  troops  as  may 
be  raised  for  the  service  of  the  said  Confederate  States 
while  being  organized  for  such  service,  at  the  expense  of 
said  Confederate  States,  under  such  rules  and  regulations 
as  may  be  prescribed  for  the  government  of  the  Confederate 
army  ;  Provided  farther^  That  the  troops  known  as  "State 
Troops"  shall  be  numbered  as  a  separate  corps  and  from 
one  up  successivel}'  according  to  the  date  of  the  organiza- 
tion of  each  regiment,  and  the  troops  known  asVoluntcers, 
shall  be  numbered  in  like  manner  as  a  separate  corps. 

Ssci.  72.  Said  troops  shall  be  raised  by  voluntary  en- 
listment either  for  the  war  or  for  terms  of  not  less  than 
twelve  months,  to  begin  from  the  date  of  the  election  of 
field-officers  by  the  regiment:  Provided,  The  Confederate 
Governraentcontinues  to  receive  into  service  volunteers  for 
a  time  less  than  the  continuance  of  the  war.  And  all  such 
volunteers  when  tendered  (or  service  to  the  Governor,  may 
be  accepted  by  him  in  companies  or  in  numbers  less  than 


27 


a  company,  if  he  shall  deem  the  same  expedient,  and  when 
8f>  accepted  they  shall  be  deemed  in  the  service  of  the  State, 
gliall  be  sul)ject  to  the  orders  ©f  their  superior  officers  and 
to  the  rules  and  articles  of  war  adopted  by  the  goveruiiient 
of  the  Confederate  States;  and  when  received  in  numbers 
less  than  a  company,  they  may  be  consolidated  as  to  form 
companies,  and  shall  be  paid  from  the  date  at  which  they 
were  accepted. 

Sec.  *73.  When  any  such  company  is  accepted  or  formed, 
it  may  proceed  to  elect  itf^  commissioned  officers,  and  as 
in  tliis  act  provides  for  tlie  militia,  and  the  persons  so 
elected  shall  be  commissioned  by  the  Governor.  And  the 
Governor  shall  have  power  to  organize  such  companiet 
into  regiments,  the  commissioned  officers  of  which  shall 
then  be  entitled  to  elect  their  field-officers,  who  shall  then 
be  commissioned  accordingly  ;  and  such  staff-officers  as 
may  be  requisite  for  any  such  regiment,  and  which  are 
not  by  the  laws  of  the  Confederate  States  to  be  appointed 
from  the  line  thereof,  together  with  one  chaplain  lor  each, 
shall  be  appointed  by  the  Governor,  subject  to  the  appro- 
val of  the  Confederate  Government,  if  it  retains  the  right 
to  appoint  the  same.  And  all  vacancies  among  the  officers 
by  death  or  otherwise  sliall  be  filled  in  the  same  manner 
as  is  herein  provided  for  their  original  appointments. 

Sec.  74.  The  Governor  is  hereby  authorized  to  compl-ete 
the  organization  of  tl^o  troops  heretofore  known  as 
"State  Troops,"  and  composed  of  infantry,  artillery  and 
cavalry,  and  which  have  not  yet  been  transferred  to  the 
Confederate  Government,  according  to  the  terms  of  an  act 
entitled  "An  act  to  raise  ten  thousand  State  troops,"  and 
to  transfer  the  same  when  organized  to  the  said  govern- 
ment, and  to  add  five  companies  to  the  corps  of  heavy 
artillery  for  coast  defences  and  engineers  ;  and  the  said 
corps  shall  hereafter  be  knownas  the  regiment  of  artillery, 
with  such  number  among  the  "North-Carolina  Troops," 
together  with  an  additional  regiment  of  infantry,  as  may 
be  given  it.  Anc  all  vacancies  occurring  among  the  com- 
missioned, officers  of  said  regiments  or  corps  of  State 
Troops,  after  the  passage  of  this  act,  shall  be  filled  as  here- 
tofore by  the  appointment  of  the  Governor. 

Sec.  75.  Should  the  number  of  troops  herein  provided 
be  less  than  the  quota  of  this  State  in  any  force  called  for 
by  the  Confederate  Government,  the  Governor  is  then  au- 
thorised and  required  to  raise  such  additional  force  in  the 


28 


same  manner  as  is  herein  provided,  and  should  the  nurri- 
her  of  volunteers  offering  be  inadequate  to  that  purpose 
he  is  hereby  empowered  to  cause  a  draft  to  be  made  from 
the  militia  to  make  up  such  deficiency  in  such  manner  as 
is  herein  provided. 

Sec.  76.  All  non-commissioned  officers  and  soldiers  for 
the  war  shall  receive  from  the  State,  when  mustered  into 
service,  a  bounty  each  of  fifteen  dollars,  and  those  for  a 
shorter  period  a  bounty  of  ten  dollars,  over  and  above  their 
outfit  for  service  ;  but  the  regular  pay  ofall  officers  and 
Holdiers  shall  be  supplied  by  the  Confederate  Government, 
unless  wliere  they  are  retained  in  the  service  of  the  State, 
in  which  case  they  shall  be  paid  by  the  State,  and  in  like 
amount  ;  and  as  the  Confederate  government  pays  to  each 
soldier  a  fixed  amount  ^jer  annum  in  lieu  of  clothing,  the 
Governor,  by  the  assent  of  said  government,  is  hereby  au- 
thorized to  receive  the  amount  thus  allowed,  if  practicable, 
and  to  pay  the  same  into  the  public  treasury,  to  the 
end  that  the  same  may  be  expended  under  his  di- 
rection in  })roviding  suitable  clothing  for  said  troops,  to- 
gether with  such  additional  sum  as  may  be  needed  to  sup- 
ply the  same. 

Sec.  77.  The  Governor  is  hereby  empowered  to  give 
temporary  ai)pointnients  to  such  officers,  diill  masters, 
agents,  etc.,  at  the  several  camps  which  it  may  be  neces- 
sary to  establish  for  troops,  as  in  his  judgment  may  be 
needed,  who  shall  receive  such  compensation  as  shall  be 
fixed  by  him,  and  whose  appointments  shall  cease  when 
in  his  opinion  their  services  can  be  dispensed  with;  and  he 
may  also,  when  he  deems  it  necessary^  appoint  in  the  same 
way  drill  masters  for  regiments,  &c.,  going  out  of  the 
State. 

Sec.  78.  All  military  officers  having  tlic  charge  of 
money  or  property  beh)nging  to  the  State  shall  make  a 
quarterly  return  of  the  same  to  the  adjutant  general,  in 
such  form  as  he  may  prescribe  and  also  any  other  returns 
or  reports  which  he  may  require  ;  which  returns  shall  be 
carefully  examined  by  him  and  the  accounts  passed  upon 
and  adjusted  for  settlement,  and  any  balances  due  to  such 
officer  shall  be  paid  to  him  at  the  ti-easury  upon  the  war- 
rant of  the  Governor,  and  any  sum  due  to  the  State  shall 
be  promptly  paid  into  the  treasury.  All  said  returns  shall 
be  made  within  twenty  days  after  the  expiration  of  the 
(juarter,  and  any  officer  failing  to  make  the  same  in  one 


29 


month  after  the  expiration  of  such  quarter,  or  to  vsettlo  up 
his  accounts  when  required  to  do  so  and  pay  any  bahvnet 
due  by  hiin  on  account  for  any  pro})t'rty  for  which  he 
ought  to  ncconnt,  shall  bedismivssed  by  the  Governor  un- 
less Hutficieut  excuse  is  rendered  for  such  failure  or  de- 
fault. 

Sec.  79.  Every  disbursing  officer  in  the  military  ser- 
vice of  the  State  shall  before  entering  upon  the  discliirge 
of  his  duties  as  such,  give  a  bond  payable  to  the  (State  of 
North  Carolina,  with  two  or  more  sufiicient  securities,  in 
the  ])enal  sum  of  not  more  than  ten  nor  less  than  three 
thousand  dollars,  which  bond  Siiall  be  subject  to  the  ap- 
proval of  the  Governor,  and  lodged  for  safe  keci)ing  with 
the  adjutant  general,  and  shall  be  conditioned  for  the 
faithful  j)erforinance  of  such  oflicer's  duty,  and  for  any 
breach  of  the  same  shall  be  put  in  suit  for  the  benefit  of 
the  State  by  order  of  the  Governor. 

Sec.  80.  All  foimer  disbursing  ofhcers  who  shall  not 
have  closed  their  accounts  and  had  the  same  settled  prior 
to  the  20th  of  August  18G1,  shall  make  settlement  of  the 
same  with  the  adjutant  general,  as  is  herein  before  pro- 
vided, and  should  they  fail  to  do  so,  their  bonds  shall  be 
put  in  suit  in  like  manner  as  above  ;  this  provision  shall 
not  extend  to  such  accounts  as  are.  to  be  settled  by  the  mil- 
itary secretary  as  provided  by  an  ordinance  of  the  Con- 
vention; and  all  officers  having  juiblic  pro])erty  of  every 
kind  and  description  which  shall  be  in  his  hands, 
who  shall  go  out  of  office  on  the  20th  of  August  or  before 
or  after  that  time,  shall  account  for  and  deliver  such  prop- 
erty to  the  adjutant  general,  and  failing  to  d(»  so  shall  be 
liable  to  bo  sued  in  the  name  of  the  State  ;  and  all  suits 
at  law  which  it  may  be  necessary  to  pi'oseeute  under  this 
act  for  the  State,  may  be  brought  in  the  Su})erior  C/ourt  of 
Wake  County. 

Sec,  81.  It  shall  be  the  duty  of  the  surgeon-general 
to  provide  all  necessary  nu'dical  stores,  surgical  instru- 
ments, ii-c,  for  troops  h-aving  and  serving  out  of  the 
State,  and  for  all  hosjdtals  ;uid  places  for  the  sick  in  thin 
State,  or  for  such  ol"  our  troops  as  nuiy  be  sent  back  to 
this  State  because  of  sickness  or  casualties  in  battle  ; 
establishing  such  rules  and  regulations  for  such  hospitals 
as  he  may  deem  best,  and  such  rules  and  regulations  for 
the  medical  officers  attached  to  our  troops  a1)road  as  may 
be  consistent  with   their  duties  to  and  the  laws  (»f  the 


30 


Confederate  States,  all  to  be  subject  to  the  Governor' « 
approval  ;  and  in  all  other  things  to  exercise  such  powers 
and  perform  such  duties  as  belong  to  and  are  periormed 
by  surgeons-general  in  the  military  service. 

Sec.  82.  The  Governor  shall  appoint  for  each  regiment 
going  into  the  service  of  the  Confederate  States,  one  sur- 
geon and  one  assistant  surgeon,  if  the  same  be  allowable 
by  the  laws  of  the  same,  and  if  not,  then  he  shall  deaig- 
■nate  such  persons  as  he  deems  suitable,  to  the  Confederate 
Government,  and  ask  for  their  appointment  by  the  same  \ 
and  when  appointed  they  shall  have  such  rank  and  pay 
as  may  be  allowed  by  the  laws  of  the  Confederate  States, 
payment  for  their  services  to  be  made  by  the  Confederate 
Government  and  not  by  the  State.  And  the  Governor 
shall  also  have  power  to  appoint  such  post  surgeons  and 
assistants  as  may  be  deemed  necessary  at  military  hospi- 
tals, encampments  or  places  of  rendezvous  for  troops 
Avhile  in  the  State  ;  ad  such  appointments  to  be  of  a 
temporary  character,  and  subject  to  be  dispensed  with  by 
the  Governor,  whenever  in  his  opinion  the  services  of 
any  such  are  no  longer  needed  ;  but  while  in  service  they 
shall  be  paid  the  same  salary  as  similar  officers  are  paid 
in  the  service  of  the  Confederate  States. 

Sec.  83.  That  in  order  to  promote  a  proper  militar;? 
spirit  and  pride,  each  regiment  or  corps  now  in  service  or 
hereafter  called  into  the  service,  shall  be  allowed  to  place 
upon  its  colors  the  name  of  each  battle  in  which  it  may 
have  been  present  and  under  fire. 

Sec.  84.  It  shall  be  the  duty  of  the  Governor  to  dispo:=w 
of  any  property  of  this  State  promised  or  on  hand  for  thfe 
defence  of  the  same,  or  which  may  hereafter  be  on 
hand,  whenever  the  same  shall  in  his  opinion,  be  no  long- 
er needed,  either  by  sale  to  the  Confederate  Government 
or  to  others,  and  the  proceeds  thereof  he  shall  place  in  the 
public  treasury. 

Sec.  85.  If  the  Cont\'derate  Government  shall  fail  t/O 
provide  for  the  defence  of  this  State  and  especially  of  itH 
coast  defences,  the  Governor  shall  continue  to  provide  for 
the  same,  and  shall  have  power  to  keep  in  the  service  of 
the  State  such  of  the  troops,  herein  provided  for,  as  in  hi"* 
opinion  are  necessary  for  that  purpose. 

Sec.  86.  That  in  addition  to  the  troops  herein  provided, 
there  shall  be  raised  eight  regiments  of  volunteers  as  here- 
in provided,  as  a  reflerve,  to  be  commanded  by  one  major- 


31 

general  and  two  brigadier-generals,  should  the  Governor 
choose  so  to  direct.said  regiments  to  be  placed  at  once  m  suit 
ablecamps  for  instruction,to  be  furnished  ahatorcap, coat, 

pants,  Khoes  and  bUinket,  and  kept  in  camp  three  m.mths, 
Each  non-corami3Hioned  officer  or  soldier  U)  be  paid  ten  dol- 
lars when  his  regiment  in  formed.  Should  additional  troopi 
be  required  by  the  Confederate  States,  these  sliall  be  trans- 
ferred as  already  directed  for  the  thirty  regiments,  and 
the  money  paid  them  shall  be  charged  against  their 
bounty,  and  a  new  reserve  of  eight  regiments  be  at  once  or- 
ganized, and  so  on  till  a  reserve  of  eight  regiments,  raised 
by  draft  if  necessary,  shall  be  left  in  the  Slate  with  thre« 
months'  instruction  in  camp.  They  shaV.  then  be  dismi^- 
Bed  to  their  homes,  with  half  pay  from  tiie  time  ot  their  en- 
rolment and  a  hat  or  cap,  coat,  pants,  shoes  and  blanket. 
They  shall  be  subject  to  the  call  of  the  Governor  for  any 
service,  during  the  time  for  which  they  enrolled,  and 
when  called  out,  shall  present  themselves  with  the  ch- 
thing  above  named  :  Provided,  however,  That  the  power 
granted  in  this  section  shall  only  be  exercised  in  case  ot 
war,  insurrection  or  threatened  invasion. 

Sec  87.  There  shall  beorganized  a  regiment  of  arullerr 
in  the  militia  of  the  State,  which  shall  consist  ot  such 
companies  as  may  now,  or  hereafter,  be  raised  in  the  sev- 
eral counties  of  the  State,  not  to  exceed  ten  in  number,  lo 
include  both  horse  and  foot  artillery.  The  tield-officeri 
shall  be  elected  as  the  officers  of  other  regiments,  and 
the  regiments  shall  be  under  like  command  and  control 
aa  other  regiments. 

Sec.  88.  Any  citizens  may  form  volunteer  corapanieF, 
with  the  number  of  officers,  non-comraisnione  1  officers,  pri- 
vates, &c.,  fixed  inthis  bill,  and  form  part  of  the  railitia  re- 
giment in  any  county,  and  be  governed  by  their  oAn  by- 
laws, not  inconsistent  with  this  act. 

8s)C.  89.  That  upon  the  delivery  of  arms  to  any  com- 
pany of  militia  of  volunteers,  it  shall  be  the  duty  of  tho 
commandant  of  the  regiment  delivering  the  same,  to  take 
a  receipt,  describing  the  arms,  from  the  captains  of  said 
company,  and  the  captain  shall  take  such  a  receipt  from 
each  of  the  men  receiving  arms,  all  of  which  receipts  shall 
be  returned  to  the  clerk  of  the  county  court,  and  the 
receipts  thus  taken  and  filed  shall  relieve  said  command- 
ftot   and   captain   from    the    responeibility  :      Provuled, 


^  32 

That  it  shall  be  the  duty  cf  the  commandant  of  each  com- 
pany to  require  the  arms  thus  delivered  to  the  men  to 
be  exhibited  at  each  drill,  and  if  the  arms  are  not  so 
exhibited,  or  the  said  commandant  shall  have  reason  to 
believe  said  arms  to  be  lost  or  disposed  of  unlawfully, 
he  shall  at  once  make  the  same  known  to  the  county 
attorney,  who,  u{)On  notice  issued  against  the  person 
destroying-  or  unlawfully  disposing  of  his  arms,  shall 
recover  a  judgment  for  the  full  value  of  said  arms,  witli 
costs. 

Sec.  90.  That  it  sliall  be  the  duty  of  any  <mo  of  the 
field  officers  of  a  regiment,  or  the  oldest  captain,  should 
there  be  no  field  officer,  upon  complaint  on  oath  made  by^, 
any  responsible  person,  that  there  are  unlawful  assem- 
blies within  his  command,  or  danger  of  insubordination 
amongst  slaves,  to  detail  a  military  patrol,  designating 
their  duties,  and  requiring  the  officer  commanding  the 
said  patrol  to  report  to  him  how  he  has  discharged  his 
duty  ;  and  the  said  patrol  shall  deliver  all  persons  detec- 
ted in  the  violation  of  the  law  to  the  civil  magistrates  for 
the  examination  of  the  charges  made  against  them. 

Sec.  91.  Should  any  doubt  arise  under  this  act,  as  to  its 
meaning  or  intention,  or  should  any  question  arise  not 
(Xivered  by  this  law,  the  Governor  is  authorized  to  decide 
any  and  all  such  questions  according  to  the  laws,  articles 
of  war  and  regulations  of  the  Confederate  States,  and 
where  they  do  not  apply,  according  to  his  judgment:  and 
any  sucli  decision  announced  in  general  orders  shall  havc 
aU  the  force  of  law,  until  repealed  by  law. 

Sec.  92.  Any  commissions  now  or  that  luay  be  recordcel 
in  the  office  oi'  the  adjutant -general  shall  be  in  force,  and 
no  others,  under  this  act,  although  the  numbers  of  the  regi- 
ment may  have  been  changed  by  this  act.  All  process 
directed  to  be  issued  by  this  act  shall  be  issued  in  the 
name  of  tlie  State. 

Si;o.  93.  That  upon  the  passage  of  this  act  it  shall  be 
the  duty  of  the  adjutant-general  to  cause  to  be  printed 
twflve  hundred  copies  of  this  act,  and  have  the  same  dis- 
tributed among  the  militia  officers  of  the  State. 

Sec.  94.  This  act.  shall  be  in  force  from  and  after  it« 
raiitication,  and  all  acts  coming  in  conflict  with  the  pro- 
visions of  this  act  are  lieriiby  repealed. 

Read  three  times  and  ratified  in  General  Assembly,  thii 
■10th  day  of  September,  J.  X*.,  18G1. 

N.  N.  FLEMINa,  S.  H.  C. 
HENRt  T.  CLARK,  S,  S. 


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